HomeMy WebLinkAbout20250271.tiffResolution
Approve Amendment to Intergovernmental Agreement for Provision of Housing
Authority Services and authorize Chair to sign — Greeley Housing Authority
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with an Amendment to the Intergovernmental
Agreement for Provision of Housing Authority Services between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Weld County Housing Authority, and the Greeley Housing Authority,
commencing upon full execution of signatures, with further terms and conditions being as
stated in said amendment, and
Whereas, after review, the Board deems it advisable to approve said amendment, a copy
of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, ex -officio Housing Authority Board, that the Amendment to the
Intergovernmental Agreement for Provision of Housing Authority Services between the
County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, on behalf of the Weld County Housing Authority, and the Greeley
Housing Authority, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said amendment.
The Board of County Commissioners of Weld County, Colorado, adopted the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 27th day of January, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
cc; FX(ER), CA (.138/xM)
02/12/25
2025-0271
HA0031
Docusign Envelope ID: 1C9826EF-5190-4595-A1DD-0F12DFA5E03D
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
FOR THE PROVISION OF HOUSING AUTHORITY SERVICES,
THIS AMENDMENT TO INTERGOVERNMENTAL AGREEMENT ("Amendment to
IGA") is made thisl 1 t day of February, 2025, by and between the Greeley Housing Authority,
whose address is 903 6t" Street, Greeley, CO 80631, hereinafter referred to as "GHA," and the
Weld County Housing Authority whose address is 1150 O Street, Greeley, CO 80631,
hereinafter referred to as "WCHA." These parties are referred to herein collectively as "the
Parties."
RECITALS
WHEREAS, the Parties each have the authority, pursuant to Article XIV, Section 18 of the
Colorado Constitution and C.R.S. § 29-1-205, to enter into intergovernmental agreements for the
purpose of providing any service or performing any function which they may perform
themselves, and
WHEREAS, the Parties entered into an Intergovernmental Agreement for the Provision of
Housing Authority Services (Original IGA) on December 28, 1998, to thereafter share
administrative offices, staff, and duties to minimize expenses incurred by both Parties in
administering their respective housing authority activities, and
WHEREAS, on October 23, 2024, WCHA sent notice to GHA terminating the Original IGA
as of February 1, 2025 ("Termination Date"), and
WHEREAS, since October 23, 2024, the Parties have met to discuss what needs to be done
by WCHA and GHA to terminate their joint administration as set forth in the Original IGA, and
WHEREAS, the Parties have also discussed their mutual desires for the administration of
certain housing programs in Weld County post -termination of the Original IGA, and the
disposition of certain properties, and
WHEREAS, through this Amendment to IGA the Parties mutually agree to postpone the
Termination Date from February 1, 2025, to the date when the United States Department of
Housing and Urban Development ("HUD") officially approves of the transfer of the Voucher
Programs, as detailed below, following official recognition by HUD that any deficiencies of
regulatory compliance as identified by HUD have been corrected by GHA and WCHA, and
WHEREAS, the Parties agree to coordinate their corrective action planning efforts as stated
herein, and
WHEREAS, this Amendment to IGA is for the purpose of memorializing the agreement of
the Parties as to the postponement of the Termination Date and as to the Parties' respective roles
and responsibilities going forward.
2025-0271
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NOW THEREFORE, in consideration of the covenants and conditions set forth herein and
for other good and valuable consideration which is hereby acknowledged, the Parties understand
and agree as follows:
AGREEMENT
1. Incorporation of Recitals: All of the Recitals detailed above are hereby incorporated into
this Agreement.
2. Termination Date of Original IGA: The terms and provisions of this Amendment to IGA
supersede all terms and provisions of the Original IGA. The Termination Date is hereby
modified to be the official date of the transfer of the Voucher Programs described in
Paragraph 3, below.
3. Coordination of Corrective Action Plans and Activities: HUD has notified GHA and
WCHA that each housing authority must correct certain identified deficiencies. HUD will
not officially approve of the transfer of the Voucher Programs as agreed to in Paragraph 4,
below, until and unless the deficiencies have been corrected and both GHA and WCHA are
found by HUD to be in compliance with HUD regulations. Each of the Parties must submit a
corrective action plan to HUD and perform the activities detailed in such plan prior to the
transfer of Voucher Programs. The Parties agree to coordinate their corrective action plans
and activities with HUD to bring both agencies into compliance with HUD regulations.
4. Transfer of Housing Choice Vouchers and Project -Based Vouchers Programs from
WCHA to GHA: Both WCHA and GHA currently issue housing choice vouchers and
project -based vouchers to eligible applicants ("Voucher Programs"). WCHA desires to
transfer its Vouchers Programs to GHA for issuance and administration. The Parties agree to
submit voluntary transfer letters to the HUD Field Office to begin the voluntary transfer
process and to perform any additional tasks required to complete such transfer. The official
transfer date of the Voucher Programs to GHA will be determined by HUD. To and until the
termination date of the Original IGA, administrative funding associated with the Voucher
Programs will be received and retained by GHA as compensation for the issuance and
management of the vouchers.
5. Transfer of Nissan Rogue from WCHA to GHA: WCHA is the owner of a Nissan Rogue
motor vehicle which was acquired for the purpose of use by inspectors acting on behalf of the
Parties. Prior to the Termination Date and for the administration of the Voucher Programs
thereafter, GHA inspectors will use the vehicle. Therefore, immediately after the signing of
this Amendment to IGA, WCHA will take the necessary steps to transfer title to GHA
without cost to GHA.
6. Transfer of State Farm Road Property from WCHA to GHA: WCHA is the owner of a
property located at 2940 State Farm Road in Evans, Colorado ("SFR Property"). The SFR
Property has four units that are rented to eligible recipients of Housing Choice Vouchers.
WCHA and GHA agree that proper ownership and administration of the SFR Property is by
GHA. Therefore, immediately after the signing of this Amendment to IGA, WCHA will take
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the necessary steps to transfer title to GHA without cost to GHA. The checking and savings
accounts associated with the SFR Property will be transferred to GHA.
7. Attribution of Bank Accounts and Files and Division of Comingled Funds: The Parties
will work together to attribute the bank accounts and files of WCHA and GHA to the proper
entity. Any comingled funds will be divided equitably between the Parties.
8. Elimination of Reference to the "Greeley -Weld Housing Authority:" Since December 28,
1998, the act of joint administration of WCHA and GHA by and through the terms of the
Original IGA often had staff referring to such joint administration as the "Greeley -Weld
Housing Authority," even though the Original IGA made it clear the two housing authorities
remained separate and distinct and no separate entity was ever created. The Parties agree to
eliminate reference to the "Greeley -Weld Housing Authority" on websites and in
correspondence within 90 days following the signature of this Amendment to IGA.
9. Appointment of Weld County Representative to GHA Board of Directors: The GHA
and WCHA will recommend to the Greeley City Council to amend by resolution the
membership of the GHA Board of Directors to include one Weld County representative.
After the Greeley City Council approves the resolution, the GHA Board of Directors will
amend its bylaws so as to appoint one Weld County representative to the GHA Board to
ensure a county -wide representation. Such Weld County representative will be
recommended for appointment by the Board of County Commissioners of Weld County.
10. Term: The term of this Agreement shall commence on the date of signature below and shall
continue to and until such date as the Parties believe it is no longer needed.
11. Entire Agreement of the Parties; Amendment: This Amendment to IGA constitutes the
entire agreement between the Parties and supersedes all prior contracts, proposals,
representations, negotiations, letters of intent, whether written or oral, pertaining to the
subject matter hereof. No changes, alterations, or modifications to any of the provisions of
this Amendment to IGA shall be effective unless contained in a written agreement signed by
the Parties.
12. Assignment: A Party shall not assign this Amendment to IGA or any rights or obligations of
such Party hereunder this without the prior written consent of the other Party.
13. No Third -Party Beneficiaries: This Amendment to IGA shall be binding upon and for the
benefit of the Parties, their successors and assigns, only, and shall not confer any rights or
remedies upon any person other than the GHA and WCHA and their respect successors and
assigns.
14. Severability: If any term or condition of this Amendment to IGA shall be held to be invalid,
illegal, or unenforceable, this Amendment to IGA shall be construed and enforced without
such provision to the extent that this Amendment to IGA is then capable of execution within
the original intent of the Parties.
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15. Notices: All notices nr demands desired or required under this Agreement shall be deemed
given: (i) when personally delivered; (ii) after the lapse of five (5) days after mailing by
registered or certified mail, postage pre -paid; or (iii) when sent by confirmed electronic mail,
and addressed as follows:
GHA: Vincent Ornelas
Executive Director
903 6th Street
Greeley, CO 80631
E -Mail: Vincent(riGreelcv-WeldllA.orl'
WCHA: Elizabeth Relford
CDBG Program Manager
1150 O Street
Greeley, CO 80631
E -Mail: erelford(rD,,weld.xov
IN WITNESS WHEREOF, the Parties have executed this Amendment to IGA as of the date
set forth above.
ATTEST: GREELEY HOUSING AUTHORITY
Executive Director
lAtatunt Audis
mcenl` m'rnelas
By:
ATTEST: -®� ��:D•�
WELD COUNTY Clerk to the Board
By:
Deputy Clerk to the Board
1861
BOARD, GREELEY, COLORADO
Signed nr:
By: QU4M6,
s a`"�cott, Chair
WELD COUNTY HOUSING
AUTHORITY BOARD WELD COUNTY,
COLORADO
By:
E La
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Buck, hair
JAN 2 7 2025
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